Jin Fuey Moy v. United States 254 U.S. 189 (1920)

U.S. Supreme Court

Jin Fuey Moy v. United States, 254 U.S. 189 (1920)

Jin Fuey Moy v. United States

No. 4

Argued October 11, 1920

Decided December 6, 1920

254 U.S. 189

Syllabus

1. In a case properly here on a constitutional question under Jud.Code § 238, the court retains its jurisdiction to decide other questions presented, after the constitutional question has been settled in another case. P. 254 U. S. 191.

2. In an indictment charging defendant with unlawfully selling morphine

in violation of the Anti-Narcotic Act by issuing a prescription, the clause as to issuing the prescription, being intimately involved in the description of the offense, cannot be treated as surplusage, but it is not repugnant to the charge of selling, since, under the act, one person may take a principal part in a prohibited sale of morphine belonging to another by issuing a prescription for it, in view of Crim.Code, § 332, making whoever aids, abets, counsels, commands, induces, or procures the commission of an offense as principal. P. 254 U. S. 192.

3. Subdivision (a) of § 2 of the Anti-Narcotic Act, in allowing the dispensing or distribution of narcotic drugs "to a patient" by a registered physician "in the course of his professional practice only," confines the immunity strictly within the appropriate bounds of a physician's professional practice, not permitting sales to dealers or distributions intended to satisfy the appetites or cravings of persons addicted to the use of such drugs. P. 254 U. S. 194.

4. In a criminal prosecution in the district court in Pennsylvania, the defendant's wife is not competent to testify for her husband, either generally or by contradicting testimony that certain matters transpired in her presence. P. 254 U. S. 195.

253 F. 213 affirmed.

The case is stated in the opinion.

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